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Anonymous users2024-02-13How to deal with the oral agreement that the other party does not recognize: According to the relevant provisions of China's "Civil Code", evidence can be collected by means of ** contact recording, etc., and if a third party witnesses, it can be allowed to issue witness testimony. While looking for evidence of oral agreement, some indirect evidence can be collected, such as faxes, e-mails, bills, ** recordings, chat records, etc., exchanged between the two parties when performing the oral contract.
[Legal basis].
Article 502 of the Civil Code: A contract established in accordance with law shall take effect upon its establishment, unless otherwise provided by law or otherwise agreed by the parties. In accordance with the provisions of laws and administrative regulations, if the contract shall go through formalities such as approval, follow those provisions. If the failure to go through formalities such as approval affects the effectiveness of the contract, it does not affect the validity of the provisions of the contract on the performance of obligations such as reporting for approval and the validity of the relevant clauses.
If a party who should go through formalities such as applying for approval fails to perform its obligations, the other party may request that it bear responsibility for violating such obligations. Where, in accordance with the provisions of laws and administrative regulations, the modification, transfer, or termination of a contract shall go through formalities such as approval, the provisions of the preceding paragraph shall apply.
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Anonymous users2024-02-12Legal Analysis: Oral agreements are also an important form of expression in the form of contracts. According to the relevant laws and regulations, except for contracts that are required by laws and administrative regulations or agreed by the parties to be in written form, contracts may be concluded in oral form.
If the other party does not admit it, it may file a lawsuit with the people's court to protect its own legitimate rights and interests. According to"Whoever asserts is the one who gives evidence"In principle, when the plaintiff files a lawsuit with the court, it should submit evidence that can prove its claim, and although there is no contract in writing, it can also rely on other supporting evidence to prove the facts of the case. For example:
WeChat chat records, call recordings, video recordings, receipt and delivery handover orders, correspondence mailboxes, witnesses, etc. Any evidence that can prove the rights and obligations of the parties to the contract can be regarded as evidence and submitted to the court.
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Anonymous users2024-02-111. The two parties shall negotiate freely to solve the problem;
2. The parties may initiate arbitration with the arbitration authority if they have signed an arbitration agreement;
3. The parties file a lawsuit with the court, and the problem is solved after the court judgment;
3. The two parties mediate to solve the problem.
Legal basis: Article 469 of the Civil Code of the People's Republic of China: The parties may conclude a contract in written, oral or other forms.
The written form is a form in which the contents of the contract, letter, telegram, telex, fax, etc. can be tangibly expressed.
Data messages that can be tangibly represented in electronic data interchange, e-mail, etc., and that can be accessed at any time shall be deemed to be in writing.
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Anonymous users2024-02-10Witness testimony of relevant insiders or other physical evidence that can prove that the agreement has been performed may be used to file a lawsuit with the court, requiring the other party to perform its obligations in accordance with the agreement or bear the responsibility for breach of contract. Evidence includes:
a statement by a party;
2) documentary evidence; 3) physical evidence;
4) audio-visual materials;
e) electronic data;
6) Witness testimony.
However, the evidence must be verified to be true before it can be used as the basis for determining the facts.
Article 63 of the Civil Procedure Law, evidence includes:
1) Statements of the parties;
2) documentary evidence; 3) physical evidence;
4) audio-visual materials;
e) electronic data;
6) Witness testimony.
7) Appraisal opinions;
8) Inquest records.
Evidence must be verified to be true before it can be used as a basis for determining facts.
If your employment unit is a state-owned enterprise, your files, party and caucus relations and tripartite agreements can all be issued to this unit, and the registration card can also be issued to this unit; If it is a private enterprise or a foreign-funded enterprise, it should be handled in the talent market of the place where the enterprise is registered, provided that the enterprise has to go through the personnel entrustment procedures. Don't lose your registration card, the full name of your registration card is"Employment registration certificate for graduates of ordinary colleges and universities across the country"(also referred to as "dispatch certificate"), is included in the national plan of enrollment of college graduates an important symbol, by the Ministry of Education directly printed, provincial college graduates employment management department issued separately, included in the national employment plan graduates of graduates of the graduates of the national employment plan to hold a valid registration certificate. On the basis of the registration card, the employer will transfer the personnel files of the graduates and arrange the work of the graduates. >>>More
You're talking about a four-joint order, that's not important, it's just a temporary employment agreement, the school's intention is that you are still a student of the school, but you go out for an internship before you graduate, in this process, the school and the employer will be jointly and severally responsible for your safety or something, and these have nothing to do with your file account. The specific management of the hukou and the file seems to be different in each city, Hefei here is: the file and the hukou are separated, which means that your file after you graduate, if the employer is willing to accept your file, then the school will directly send your file to your work unit, if not, you are still working there, you have two options: >>>More
It seems that you are really two types of people with different temperaments. >>>More
If you have signed a third-party agreement with the school, you can breach the contract. However, if you break the contract, you may have to pay for some of the things you agreed upon. So you can't send a breach of contract intact. >>>More
1 No, no matter what job you look for in the future, the employer will give you three employment agreements, which the employer will sign with you (Party A and Party B). The school's employment agreement is nothing more than something that counts the employment rate. >>>More